Madhya Pradesh High Court
Narender Singh Thakur vs M/S A One Coal Pro. Anil Kumar Patel on 17 February, 2017
MCRC-15180-2016
(NARENDER SINGH THAKUR Vs M/S A ONE COAL PRO. ANIL KUMAR PATEL)
17-02-2017
Shri R. S. Saini, Advocate for the petitioner. Heard on admission.
Having considered the contentions of learned counsel and on perusal of the record it is found that this petition has been filed for quashment of the impugned order dated 20.5.2016 passed by the JMFC, Bhopal in complaint case no. 11183/13 under Section 138 of the Negotiable Instruments Act whereby the application of the petitioner under Section 45 of the Evidence Act for sending the document Ex.P/1 for Handwriting Expert was rejected. Against this order, revision was filed before the Additional Sessions Judge, Bhopal which was also rejected by the order dated 26.7.2016 passed in criminal revision no. 328/06. Both the impugned orders are in accordance with law. No interference is required as at the time of cross-examination of the complainant, no suggestion has been given that the document Ex.P/1 is not bearing signature of the petitioner. Therefore, prayer for sending the document for opinion to the Handwriting Expert is just to cause delay in the trial of the case. Hence, the orders for rejection of the prayer are legal and not required any interference with.
In view of above discussion, the petition being no substances is dismissed accordingly.
(J. P. GUPTA) JUDGE JP